United States Court of International Trade

Second Redetermination in Sixth Administrative Review Sustained

In Clearon Corporation and Occidental Chemical Corporation v. United States et al., Court No. 13-73, Slip Op. 16-110 (November 23, 2016), the court reviewed the second redetermination (“RR2”) on the sixth (2010-2011) administrative review of chlorinated isocyanurates (“chlor-isos”) from the People’s Republic of China (“PRC”).   The following issues were remanded for consideration by Commerce: (1) selection of surrogate values for hydrogen gas and chlorine, (2) selection of the Philippines as the primary surrogate country; (3) selection of import data to value urea, (4) adjustment to the selling, general, and administrative (SG&A) expenses; and (5) methodology for calculating the by-product offset. 

As for the surrogate values for hydrogen gas and chlorine, defendant intervenors had not shown how Commerce’s data was unreliable to have the court substitute its judgment for Commerce’s.  Moreover, plaintiff overlooked Commerce’s preference for domestic data from the primary surrogate country.